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Re: [Czechlist] Term (EN-CS): defendant searches

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  • Stanislav Zizka
    It looks to me like prohledani obzalovaneho/-nych . But I can t tell you who s actually carrying this out or charging for that services ... Stan ... From:
    Message 1 of 4 , Nov 3 11:07 AM
      It looks to me like 'prohledani obzalovaneho/-nych'. But I can't tell you who's actually carrying this out or charging for that 'services'...

      Stan

      ----- Original Message -----
      From: Prekladatelsky servis
      To: Czechlist@yahoogroups.com
      Sent: Tuesday, November 03, 2009 8:00 PM
      Subject: [Czechlist] Term (EN-CS): defendant searches


      Hezky vecer,
      jak rozumite "defendant searches" v nasledujicim kontextu:

      Other expenses include:1) the inspection of a location; 2) defendant searches;3) delivering court documents;4) satisfying the court judgment;5) reimbursement for curator's work; 6) others as necessary and reasonable

      Predem dekuji
      Iveta

      [Non-text portions of this message have been removed]





      [Non-text portions of this message have been removed]
    • Mike Trittipo
      ... Interesting. I wonder whether that text might not itself have originated somewhere as a translation into English from some other language. What makes me
      Message 2 of 4 , Nov 3 1:09 PM
        > From: Prekladatelsky servis
        > . . . jak rozumite "defendant searches" v nasledujicim kontextu:
        >
        > Other expenses include:1) the inspection of a location; 2) defendant
        > searches;3) delivering court documents;4) satisfying the court
        > judgment;5) reimbursement for curator's work; . . .

        Interesting. I wonder whether that text might not itself have originated
        somewhere as a translation into English from some other language. What
        makes me wonder is the word "curator." Outside of museums, that's not a
        common usage, and most museum _curators_ don't do the other kinds of work
        listed in this short text. BUT "_trustees_" often do engage in all those
        activities, as do conservators (another word similar to curator, and
        therefore again strongly risking mistranslation as "curator"). Trustees in
        bankruptcy, in particular, are known for ferocious litigation, and for
        seeking out defendants either to sue or to collect from.

        So I am inclined to suspect that the right English word ought to have been
        "trustee," or maybe "conservator," not "curator," and that in turn leaves
        me a bit indifferent to trying to guess what might or might not have
        actually been meant once upon a time in some earlier text by "defendant
        searches."

        That said, however, "defendant searches" could mean a couple of things.

        (1) searching court files for records of someone having ever been named as
        a defendant (i.e., sued by someone else). This is a very common activity in
        the U.S.

        (2) trying to find where someone who was or is a defendant in a current
        case currently actually lives and can be found, either for purposes of (a)
        service, or (b) collection (by knowing where physical assets might be, or
        to check mail for bank accounts, etc.)

        I do not find the meaning of frisking, patting down, and searching through
        the pockets and containers of a person in front of the "curator" very
        likely. Police do that; trustees and conservators don't. And those are in
        criminal cases, not civil ones. And no reimbursement for the costs of doing
        so would be sought by the police. It simply doesn't fit real-life fact
        scenarios that are likely in most anglophone countries to my knowledge.

        I would think carefully about all the rest of the document to find clues as
        to what exact kind of "curator" (more likely a trustee of some kind with
        litigation powers) is involved, and what else they're doing.

        For whatever it's worth, "inspection of a location" sounds like a
        translation into English from something else. It is vaguely reminiscent of
        Rule 34's language about "entry upon land for inspection," found in pretty
        much all fifty US states and the federal rules. But without some
        higher-level context (e.g., the style of whatever document this short text
        excerpt appears in, etc.) it's hard to know if Rule 34 is what was meant.
        Certainly, a trustee might seek reimbursement for the costs of a Rule 34
        inspection.
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